Bill S1362-2013

Makes residential facilities controlled by state agencies subject to local site plan review

Makes residential facilities controlled by state agencies subject to local site plan review.

Details

Actions

  • Mar 4, 2014: REPORTED AND COMMITTED TO FINANCE
  • Jan 8, 2014: REFERRED TO CITIES
  • Mar 12, 2013: REPORTED AND COMMITTED TO FINANCE
  • Jan 9, 2013: REFERRED TO CITIES

Meetings

Votes

VOTE: COMMITTEE VOTE: - Cities - Mar 12, 2013
Ayes (6): Lanza, Ball, DeFrancisco, Grisanti, Avella, Breslin
VOTE: COMMITTEE VOTE: - Cities - Mar 4, 2014
Ayes (5): Lanza, Ball, DeFrancisco, Grisanti, Breslin

Memo

BILL NUMBER:S1362

TITLE OF BILL: An act to amend the general city law, the town law and the village law, in relation to making residential facilities of state agencies subject to local site plan review

PURPOSE: To ensure that all state owned residential facilities go through the local site plan review process in order to ensure the facility's floor plans are on file with the local government.

SUMMARY OF PROVISIONS:

Section 1- Amends section 27-a of the general city law by adding a new subdivision 1-a to waive the state's immunity with regard to site plan review for its residential facilities. Every state agency must submit a site plan for each residential parcel under its control.

Section 2- Amends section 274-a of the town law by adding a new subdivision 1-a to waive the state's immunity with regard to site plan review for its residential facilities. Every state agency must submit a site plan for each residential parcel under its control.

Section 3- Amends section 7-725-a of the village law by adding a new subdivision I-a to waive the state's immunity with regard to site plan review for its residential facilities. Every state agency must submit a site plan for each residential parcel under its control.

Section 4-Requires that within 90 days of the effective date each state agency which has constructed a residential facility prior to the effective date of this act shall submit a site plan to the appropriate city, town or village.

Section 5- Contains the effective date.

EXISTING LAW: New York State has sovereign immunity with respect to local laws.

JUSTIFICATION: On March 21, 2009, a tragic fire broke out at the State's Riverview IRA group home. Four residents lost their lives in the fire, the cause of which is still under investigation.

One of the issues that has come out of this tragedy is the fact that the State did not need a local building permit and did not have to file their floor plans with the town. Having the floor plans on facilities would most certainly assist first responders in their decisions on how best to evacuate occupants and fight fires. Involving the local building inspectors in these projects only makes sense and would add an additional set of eyes to ensure the safety of the building.

The State's immunity with respect to local site plan review should be waived to ensure the health and safety of those who live and work in these residential facilities.

LEGISLATIVE HISTORY: 2011-12: S. 821 Committed to Rules; A. 524 Local Governments 2009-10: S. 4073 Finance; A. 7821 Local Governments

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1362 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. LITTLE, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities AN ACT to amend the general city law, the town law and the village law, in relation to making residential facilities of state agencies subject to local site plan review THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 27-a of the general city law is amended by adding a new subdivision 1-a to read as follows: 1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY WAIVES ITS IMMUNITY FROM LIABILITY FOR THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SOLELY WITH REGARD TO RESIDENTIAL FACILITIES. EVERY STATE AGENCY SHALL SUBMIT A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH A RESIDENTIAL FACILITY IS TO BE OR HAS BEEN CONSTRUCTED. FOR THE PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU, COMMISSION, BOARD, PUBLIC AUTHORITY OR OTHER AGENCY OF THE STATE, INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS APPOINTED BY THE GOVERNOR. S 2. Section 274-a of the town law is amended by adding a new subdivi- sion 1-a to read as follows: 1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY WAIVES ITS IMMUNITY FROM LIABILITY FOR THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SOLELY WITH REGARD TO RESIDENTIAL FACILITIES. EVERY STATE AGENCY SHALL SUBMIT A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH A RESIDENTIAL FACILITY IS TO BE OR HAS BEEN CONSTRUCTED. FOR THE PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU, COMMISSION, BOARD, PUBLIC AUTHORITY OR OTHER AGENCY OF THE STATE, INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS APPOINTED BY THE GOVERNOR.
S 3. Section 7-725-a of the village law is amended by adding a new subdivision 1-a to read as follows: 1-A. WAIVER OF STATE IMMUNITY. THE STATE HEREBY WAIVES ITS IMMUNITY FROM LIABILITY FOR THE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION SOLELY WITH REGARD TO RESIDENTIAL FACILITIES. EVERY STATE AGENCY SHALL SUBMIT A SITE PLAN FOR EACH PARCEL OF LAND UNDER ITS CONTROL UPON WHICH A RESIDENTIAL FACILITY IS TO BE OR HAS BEEN CONSTRUCTED. FOR THE PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS ANY DEPARTMENT, BUREAU, COMMISSION, BOARD, PUBLIC AUTHORITY OR OTHER AGENCY OF THE STATE, INCLUDING ANY PUBLIC BENEFIT CORPORATION ANY MEMBER OF WHOSE BOARD IS APPOINTED BY THE GOVERNOR. S 4. Within 90 days of the effective date of this act each state agen- cy which has constructed a residential facility upon any parcel of land under its control prior to the effective date of this act shall submit a site plan for such parcel to the appropriate city, town or village. S 5. This act shall take effect on the thirtieth day after it shall have become a law.

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